Cancellation of Existing Notes Sample Clauses

Cancellation of Existing Notes. The Company hereby (i) acknowledges that some or all of the Exchanging Holders may be unable to deliver each Note Document to the Company prior to the Closing Date and (ii) waives the condition precedent under the Note Exchange Agreement to deliver each Note Document prior to the Closing Date, provided that any failure to deliver one or more of the Existing Notes shall be subject to the terms of the Existing Holder representations and warranties, covenants, obligations and other provisions provided in Section 7.3 of the Note Exchange Agreement, as amended herein. Further, the Company covenants that, notwithstanding any failure by the Exchanging Holders to deliver all of the Existing Notes prior to the Closing Date, upon consummation of the transactions contemplated by the Note Exchange Agreement, the Company will cancel all Existing Notes and will treat such Existing Notes as no longer outstanding for all purposes.”
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Cancellation of Existing Notes. Upon the Closing, the Existing Notes will be deemed cancelled.
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Cancellation of Existing Notes. Concurrently with the effectiveness of this Amendment, in exchange for the Amendment No. 1 Notes, the Convertible Note and the IP Transfer Agreement, and in consideration of the mutual agreements and covenants contained herein, and other good and valuable consideration, the Investor shall surrender the Closing Date Notes for cancellation to the Company (the “Cancellation”).
Sample 1
Cancellation of Existing Notes. All Existing Notes tendered in the Exchange will be cancelled in accordance with that certain Indenture, dated May 31, 2019, by and among the Company, the Subsidiary Guarantor and Wilmington Trust, National Association, as trustee and collateral agent.
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Cancellation of Existing Notes. Upon receipt of the Revolving Notes and the Term Notes described in Section 1.2(a) and (b) hereof, the Banks shall return to the Borrower the Revolving Notes previously delivered to them pursuant to the Existing Credit Agreement (the "Existing Revolving Notes"), and such Existing Revolving Notes shall be marked "CANCELLED."
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Cancellation of Existing Notes. As of the Effective Date, CPH shall unconditionally cancel and forever discharge TSI and AMCON from any unfulfilled obligations under (i) the Promissory Note made by TSI to the order of CPH in the principal amount of $500,000, dated June 17, 2004 (the "3-Year Note") and (ii) the Promissory Note made by TSI to the order of CPH in the principal amount of $2,828,400, dated June 17, 2004 (the "10-Year Note"). None of the Parties shall have any further obligations, liabilities, or rights of any kind thereunder. CPH shall deliver the original 3-Year Note and the original 10-Year Note promptly following the Effective Date with notations that each is cancelled and paid in full.
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Cancellation of Existing Notes. Substantially concurrently with the occurrence of the closing, the Existing Notes shall be cancelled following the delivery of the Exchanged Notes via DWAC pursuant to the instructions provided by the Trustee.
Sample 1
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Related to Cancellation of Existing Notes

  • Cancellation of Debt The Borrower shall not cancel any claim or debt owing to it, except for reasonable consideration or in the ordinary course of business.

  • Cancellation of Converted Notes All Notes delivered for conversion shall be delivered to the Trustee to be canceled by or at the direction of the Trustee, which shall dispose of the same as provided in Section 2.10.

  • Cancellation of Notes Any Person that receives a Note surrendered for payment, registration of transfer, exchange or redemption will deliver the Note to the Indenture Trustee and the Indenture Trustee will promptly cancel it. The Issuer may surrender to the Indenture Trustee for cancellation Notes previously authenticated and delivered under this Indenture which the Issuer may have acquired, and the Indenture Trustee will promptly cancel them. No Notes will be authenticated in place of or in exchange for Notes cancelled as stated in this Section 2.10. The Indenture Trustee may hold or dispose of cancelled Notes according to its standard retention or disposal policy unless the Issuer directs, by Issuer Order, that they be destroyed or returned to it.

  • Cancellation of Agreement In the event that prior to the Closing Date (a) trading in securities on the New York Stock Exchange generally, or in securities of the Bank in particular, shall have been suspended, or minimum prices established by the New York Stock Exchange, or any new restrictions on transactions in securities shall have been established by the New York Stock Exchange or by the Commission or by any other United States Federal or State agency or by any action of the United States Congress or by executive order to such a degree as, in your judgment as the Representatives, to affect materially and adversely the marketing of the Securities or (b) existing financial, political or economic conditions in Europe, the United States or elsewhere shall have undergone any change which, in your judgment as the Representatives, would materially and adversely affect the market for the Securities, this Agreement and all obligations of the Underwriters hereunder may be canceled at, or at any time prior to, the Closing Date by you, as the Representatives, without liability on the part of any Underwriter to the Bank or of the Bank to any Underwriter, subject to Section 11(e). Notice of such cancellation shall be given to the Bank in writing, or by cable or telephone confirmed in writing.

  • Cancellation of Notes Paid, Converted, Etc The Company shall cause all Notes surrendered for the purpose of payment at maturity, repurchase upon a Fundamental Change, redemption, registration of transfer or exchange or conversion (other than any Notes exchanged pursuant to Section 14.12), if surrendered to the Company or any of its agents or Subsidiaries, to be surrendered to the Trustee for cancellation. All Notes delivered to the Trustee shall be canceled promptly by it in accordance with its customary procedures. Except for any Notes surrendered for registration of transfer or exchange, or as otherwise expressly permitted by any of the provisions of this Indenture, no Notes shall be authenticated in exchange for any Notes surrendered to the Trustee for cancellation. The Trustee shall dispose of canceled Notes in accordance with its customary procedures and, after such disposition, shall deliver evidence of such disposition to the Company, at the Company’s written request in a Company Order.

  • Cancellation of Warrant This Warrant shall be canceled upon its exercise and, if this Warrant is exercised in part, the Company shall, at the time that it delivers Warrant Shares to the Holder pursuant to such exercise as provided herein, issue a new warrant, and deliver to the Holder a certificate representing such new warrant, with terms identical in all respects to this Warrant (except that such new warrant shall be exercisable into the number of shares of Common Stock with respect to which this Warrant shall remain unexercised); provided, however, that the Holder shall be entitled to exercise all or any portion of such new warrant at any time following the time at which this Warrant is exercised, regardless of whether the Company has actually issued such new warrant or delivered to the Holder a certificate therefor.

  • Cancellation of Options In exchange for the consideration described in Section 1.2 below, the Participant hereby agrees that the Award Agreement and the Participant’s interests in the Underwater Options shall be cancelled, terminated, and of no further force or effect, effective as of the Effective Date, and that neither the Company nor the Participant shall have any further rights or obligations with respect to the Award Agreement, the Underwater Options, or with respect to which any shares of Common Stock that could have been acquired upon vesting and exercise of the Underwater Options.

  • Cancellation of Surrendered Debt Securities All Debt Securities surrendered for payment, redemption, registration of transfer or exchange shall, if surrendered to the Partnership or any paying agent or a Registrar, be delivered to the Trustee for cancellation by it, or if surrendered to the Trustee, shall be canceled by it, and no Debt Securities shall be issued in lieu thereof except as expressly permitted by any of the provisions of this Indenture. All canceled Debt Securities held by the Trustee shall be destroyed (subject to the record retention requirements of the Exchange Act) and certification of their destruction delivered to the Partnership, unless otherwise directed. On request of the Partnership, the Trustee shall deliver to the Partnership canceled Debt Securities held by the Trustee. If the Partnership shall acquire any of the Debt Securities, however, such acquisition shall not operate as a redemption or satisfaction of the Debt represented thereby unless and until the same are delivered or surrendered to the Trustee for cancellation. The Partnership may not issue new Debt Securities to replace Debt Securities it has redeemed, paid or delivered to the Trustee for cancellation.

  • Cancellation of Warrants In the event the Company shall purchase or otherwise acquire Warrants, the same shall thereupon be cancelled and retired. The warrant agent (if so appointed) shall cancel any Warrant surrendered for exchange, substitution, transfer or exercise in whole or in part.

  • Cancellation of Converted Securities All Securities delivered for conversion shall be delivered to the Trustee to be cancelled by or at the direction of the Trustee, which shall dispose of the same as provided in Section 3.09.

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